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Before returning
any merchandise, the following procedures must be carried
out. First, please send a email to rma@ivitex.com
and explain the nature of the problem. A rma number will be
issued or denied based on your explanation of the item(s)
malfunctioning or improper use and or warranty guidelines.
Clearly describe the nature of the problem(s) on the RMA request
form of the defective product(s). Returned merchandise without
appropriate invoices or a legitimate RMA number(s) will be
rejected at the customers expense.
The ivitex RMA request form
is available in these formats, choose from WORD
PDF
HTML 

An RMA number is
good for 1 week from the date of issue. Customers must send
the defective merchandise to IVITEX with freight pre paid.
Making sure that each box is visibly marked with its RMA number.
IVITEX shall pay the shipping costs to return repaired product(s)
to the customers providing the following conditions are met:
-
Items were originally
purchased from IVITEX.
-
Items are still
under warranty.
-
Items are confirmed
to be defective.

All returned products
shall be repaired or replaced within 4 weeks from the date
of receipt, allow 2 weeks for incoming and outgoing shipments.
Products defective within 15 days from the date of purchases
will be replaced providing the warranty requirements are met.

All products that
are found to be defective with 15 days from the date of purchase
are considered Dead On Arrival (DOA). DOA products may be
returned to IVITEX for replacement. All DOA products must
be returned with original packaging, including manuals, cables,
diskettes, CDs, etc.

All non-stock special order items
are non-returnable, non-refundable and no credits will be
issued on these products.

If a product is
sent to us as defective but is found to be in good working
order, a minimum diagnostic charge of $25 will be applied.
A defective product sent to us without any problem description
is also subject to the same diagnostic charge.

This limited warranty
is extended only to customers who purchase products directly
from IVITEX. Most products distributed by IVITEX unless otherwise
specified, carry a manufactures limited warranty period of
1 year from the date of purchase.
The Limited Warranty does not
apply if:
-
The product
is damaged by accident, improper use, or by negligence
of customers.
-
Attempts have
been made to repair or alter the products by anyone other
than those appointed by IVITEX.
-
The serial number,
and ID labels are removed or tampered with.
-
Product(s) manufactured
is OEM version, or is a Generic Equivalent to the Manufactures
Original.
Should the product
prove to be defective in workmanship or material, the customers
sole remedy shall be repair or replacement. Under no circumstances
shall IVITEX be liable for any loss or damage, direct, consequential,
or incidental, arising out of the inability to utilize the
product.
IVITEX makes no warranty other
than the ones set forth herein. Such warranty is in lieu of
all other warranties, expressed or implied warranty of merchantability
of fitness for a particular purpose, and such constitutes
the only warranty made with respect to the goods.
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IVITEX
TERMS AND CONDITIONS OF SALE
·
ACCEPTANCE: This Acknowledgment constitutes an acceptance,
solely upon all of the items and conditions herein, of Purchaser(s)
offer to purchase the products(s) specified herein and shall
become the entire contract between Purchaser and IVITEX and
shall supersede Purchaser(s) order form upon (1) receipt by
Purchaser of this Acknowledgment or (2) acceptance by Purchaser
of products shipped by IVITEX hereunder. IVITEX hereby expressly
rejects all terms and conditions set forth on Purchaser(s)
order forms which are contrary, or in addition to, or in any
way modify any of the terms and conditions herein.
·
PRICE & TAXES: All prices quoted or stated are FOB exclusive
of sales taxes, import taxes, duties or assessments, insurance
fees, export fees and freight charges. Purchaser shall furnish
to IVITEX an appropriate exemption certificate for deferment
of taxes, duties, and other fees or charges if applicable.
Unless otherwise stated on this invoice all prices are in
U.S. dollars. All taxes, duties or assessments of any kind
applicable to the product(s) listed herein shall be added
to the invoice and shall be paid by Purchaser.
·
TERMS OF PAYMENT: All products distributed by IVITEX are prepaid
by a major credit card or payable COD immediately on receipt
in either cash, letter of credit, wire transfer, cashier check
or money order, made payable to IVITEX in US dollars. For
new accounts the above sentence will apply. Established accounts
may make payments with their own company checks after a IVITEX
Customer Account Application and Dealer Agreement
has been signed and approved by a IVITEX Accounting Official.
Credit line and net terms can be established after an IVITEX
Accounting Official reviews and approves credit and financial
information supplied from your banking institution. Once approved
IVITEX will send a certified document of notification to inform
your company of its credit terms. All past due accounts may
be changed to C.O.D. status at IVITEX option. Accounts past
due are assessed 0.5% per day on the outstanding balance.
Bad checks are subject to a $20 charge. Special order items
are not normally stocked, and require a 25% deposit and there
is NO return, refund or credit. Customer agrees to pay all
of Sellers costs related to the collection of any sums due,
including overhead allocated to Employee efforts and any legal
fees and expenses incurred.
·
DELIVERY: Shipments of products will be FOB IVITEX original
selling office or designated site. Unless otherwise agreed
in writing by IVITEX, IVITEX reserves the right to select
the means of shipment, point of shipment, and routing of products
sold. IVITEX, shall make its best effort to ship within a
reasonable time of the estimated date of shipment. IVITEX
shall not be liable, in any event, indirect, special, incidental,
consequential or other damages suffered by Purchaser due to
any delay in shipment. Also in the event of shipment damage,
loss or miss-delivery of product by courier it shall be the
responsibility of the Purchaser to deal with the carrier.
Unless otherwise agreed in writing, delivery shall be deemed
complete upon transfer of possession of product(s) to common
carrier. FOB IVITEX designated warehouse, whereupon all risks
of loss, damage or destruction to the goods shall pass to
Purchaser. In the absence of shipping instructions, IVITEX
will make reasonable effort to deliver on time, however IVITEX
will not be liable for late or lost shipments.
·
TITLE: Title and risk of loss or damage to product(s) shall
pass on to purchaser upon delivery to carrier, purchaser or
purchaser's agent at FOB shipping point. Unless otherwise
agreed in writing, title to the product(s) shall remain with
IVITEX until all payments set forth herein have been made.
·
CHANGES AND CANCELLATION: Orders accepted by IVITEX are not
subject to change or cancellation by Purchaser except with
IVITEX'S written consent and upon payment of an appropriate
charge to cover the cost or loss incurred by IVITEX which,
unless otherwise agreed in writing, shall be not less than
fifteen (15%) of the price of the products subject to the
change or cancellation.
·
LIMITATION OF LIABILITY: In no event shall IVITEX be liable
for any loss of use, revenue, or anticipatory profit, or for
any direct, or consequential damages arising out of, or connected
with the sale, use or operation of products sold.
·
DESIGNS, AND PATENT OR TRADEMARK INDEMNITY: Any designs, schematics,
data or other technical information supplied by IVITEX to
purchaser in connection with the sale of goods shall remain
IVITEX property and be held in confidence by purchaser. Such
information shall not be reproduced or disclosed to others
without IVITEX prior written consent. IVITEX shall either
(1) indemnify Purchaser from all claims of patent, trademark,
trade secret and copyright infringements by third parties
arising out of the sale of the product(s) set forth herein,
provided that Purchaser gives IVITEX prompt notice of any
such claim and grants IVITEX control of the defense and settlement,
or (2) release Purchaser from this Acknowledgment which shall
terminate IVITEX'S obligation to indemnify Purchaser.
·
APPLICABLE LAW: The rights and obligations of the parties
under this agreement shall be governed by the laws of the
state where the IVITEX office responsible for the sale is
located.
·
WARRANTIES: All product sold by IVITEX, unless a warranty
is specified for a particular product on the front of the
ivitex official approved invoice, carries no warranty. All
sales are final. All claims for damaged or lost shipments
must be filed by the Purchaser with the freight carrier. IVITEX
accepts no liability for product lost or damaged in shipment.
UNDER
NO CIRCUMSTANCES SHALL IVITEX BE LIABLE IN ANY WAY TO THE
PURCHASER OR USER FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS
OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
USE OF OR INABILITY TO USE SUCH PRODUCT(S).
·
SEVERABILITY AND WAIVER: If any provisions of this Acknowledgment
shall be found to be invalid, illegal or unenforceable then,
notwithstanding the same, this Acknowledgment shall remain
in full force and effect, and such provision shall be deemed
stricken. Such provision shall be replaced by a valid, legal
and enforceable provision having as nearly as possible the
same economic and practical effect as the provision replaced.
·
EXPORT: Purchaser shall be responsible for obtaining all Import
Licenses and Permits For Import into Purchaser(s) or ultimate
user(s) country from the United States. Licenses or other
Governmental orders or Permits shall be the sole responsibility
of Purchaser. Purchaser agrees to comply with all applicable
United States Laws regarding Customs, Strategic Products,
Ultimate Consignment, and any other United States Export Statutes
in force or enacted as of the date of this invoice.
·
RIGHTS TO PRODUCTS: Nothing in this Acknowledgment conveys
any rights to Purchaser in the product(s) nor in their Trademarks,
Copyrights, Patents, Trade Secrets, software, hardware, documentation
or other materials, other than the right to solicit and sell
the product(s)
·
FORCE MAJEURE: IVITEX shall not be liable by reason of any
failure or delay in performance of obligations on account
strikes, riots, fires, explosions, acts of God, war, Government
action, or other cause which is beyond the reasonable control
of IVITEX.
·
ENTIRE AGREEMENT: This Acknowledgment contains all of the
terms and conditions with respect to the sale and purchase
of the products sold hereunder and there are no representations,
warranties, expressed or implied, affecting this Instrument
not expressly set forth herein.
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